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This is a Bill, not an Act. For current law, see the Acts databases.


EDUCATION AND CARE SERVICES NATIONAL LAW (WA) AMENDMENT BILL 2018

                   Western Australia


Education and Care Services National Law
       (WA) Amendment Bill 2018

                      Contents

      Part 1 -- Preliminary
1.    Short title                                         2
2.    Commencement                                        2
      Part 2 -- Education and Care Services
           National Law (WA) Act 2012
           amended
      Division 1 -- Local application provisions of the
             Education and Care Services National Law
             (WA) Act 2012 amended
3.    Provisions amended                                  3
4.    Section 6 amended                                   3
5.    Section 10 amended                                  4
6.    Section 15 amended                                  4
7.    Section 19 deleted; transitional regulations
      repealed                                            4
8.    Part 4 deleted                                      4
      Division 2 -- Education and Care Services
             National Law amended
9.    Provisions amended                                  4
10.   Section 5 amended                                   4
11.   Section 13 amended                                  7
12.   Section 14 amended                                  8
13.   Section 17 amended                                  8
14.   Section 25 amended                                  8
15.   Section 27 amended                                  8
16.   Section 39 amended                                  9
17.   Section 41 amended                                 10

                         71--1                            page i
Education and Care Services National Law (WA) Amendment Bill 2018



Contents



      18.    Section 43 amended                                        10
      19.    Section 44 amended                                        10
      20.    Section 47 amended                                        11
      21.    Section 50A inserted                                      11
             50A.     Approval of a place as a family day care
                      venue                                       11
      22.    Section 51 amended                                        12
      23.    Section 52 amended                                        13
      24.    Section 54 amended                                        13
      25.    Section 55A inserted                                      14
             55A.     Condition relating to family day care
                      co-ordinators                               14
      26.    Section 56 replaced                                       15
             56.      Notice of change to nominated supervisor    15
             56A.     Notice of change of a nominated
                      supervisor's name or contact details        16
      27.    Section 62 amended                                        16
      28.    Section 70 amended                                        16
      29.    Section 72 amended                                        16
      30.    Section 84 amended                                        17
      31.    Section 89 amended                                        17
      32.    Section 91 amended                                        18
      33.    Section 96 amended                                        18
      34.    Section 98 amended                                        19
      35.    Section 103A inserted                                     19
             103A.    Offence relating to places where
                      education and care is provided as part of
                      a family day care service                   19
      36.    Part 4 deleted                                            20
      37.    Section 142 amended                                       20
      38.    Section 152 amended                                       20
      39.    Section 158 amended                                       21
      40.    Section 161 amended                                       21
      41.    Section 161A inserted                                     21
             161A.    Offence for nominated supervisor not to
                      meet prescribed minimum requirements        21
      42.    Section 162 amended                                       22
      43.    Section 162A inserted                                     22
             162A.    Persons in day-to-day charge and
                      nominated supervisors to have child
                      protection training                         22
      44.    Section 163 amended                                       22
      45.    Section 164 amended                                       22


page ii
Education and Care Services National Law (WA) Amendment Bill 2018



                                                                       Contents



 46.     Section 164A inserted                                            23
         164A.     Offence relating to the education and care
                   of children by family day care service         23
 47.     Section 165 amended                                             23
 48.     Section 165A amended                                            23
 49.     Section 166 amended                                             24
 50.     Section 170 amended                                             24
 51.     Section 172 amended                                             25
 52.     Section 173 amended                                             26
 53.     Section 174 amended                                             27
 54.     Section 174A inserted                                           27
         174A.     Family day care educator to notify certain
                   information to approved provider               27
 55.     Section 178 amended                                             28
 56.     Part 7 Division 2 replaced                                      28
         Division 2 -- Enforceable undertakings
         179A.     Enforceable undertakings                       28
         179B.     Certain actions prohibited while
                   undertaking is in force                        29
         180.      Certain actions prohibited if undertaking is
                   complied with                                  30
         181.      Failure to comply with enforceable
                   undertakings                                   30
 57.     Section 182 amended                                             32
 58.     Section 184 amended                                             33
 59.     Section 185 replaced                                            33
         185.      Content of prohibition notice                  33
 60.     Section 186 amended                                             34
 61.     Section 187 amended                                             34
 62.     Section 188 amended                                             35
 63.     Section 188A inserted                                           36
         188A.     False or misleading information about
                   prohibition notice                             36
 64.     Section 188A amended                                            36
 65.     Section 188B amended                                            37
 66.     Section 188C amended                                            37
 67.     Sections 188A, 188B and 188C renumbered                         37
 68.     Section 190 amended                                             38
 69.     Section 192 amended                                             38
 70.     Section 199 amended                                             38
 71.     Section 200 amended                                             38
 72.     Section 200A inserted                                           39
         200A.     Entry to premises without search warrant       39


                                                                        page iii
Education and Care Services National Law (WA) Amendment Bill 2018



Contents



      73.    Section 201 amended                                         40
      74.    Section 202 amended                                         40
      75.    Section 206 amended                                         40
      76.    Section 225 amended                                         40
      77.    Section 249 amended                                         41
      78.    Section 261 amended                                         41
      79.    Section 268 deleted                                         41
      80.    Section 269 replaced                                        42
             269.      Register of family day care educators,
                       co-ordinators and assistants                 42
      81.    Section 270 amended                                         43
      82.    Sections 271 and 272 replaced                               44
             271.      Disclosure of information to other
                       authorities                                  44
             272.      Disclosure of information to education and
                       care services                                46
      83.    Section 284 amended                                         47
      84.    Section 291 amended                                         47
      85.    Section 292 amended                                         47
      86.    Section 301 amended                                         47
      87.    Section 305 amended                                         48
      88.    Section 315 replaced                                        48
             315.      Certified supervisors                        48
      89.    Part 15 Divisions 5 and 6 inserted                          48
             Division 5 -- Transitional provisions -- Education
                    and Care Services National Law (WA)
                    Amendment Act 2018
             325.      Definitions                                  48
             326.      Approved family day care venues              49
             327.      Declared approved family day care
                       venues continue to be approved               50
             328.      Service approval condition requiring
                       sufficient family day care co-ordinators     50
             329.      Service approval condition requiring
                       minimum number of family day care
                       co-ordinators                                50
             330.      Publication of information about certified
                       supervisors                                  51
             330A.     Repeal of show cause notice if written
                       notice not given before commencement
                       day                                          51
             330B.     Effect of decisions made before
                       commencement day under repealed
                       section 125                                  52




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Education and Care Services National Law (WA) Amendment Bill 2018



                                                                     Contents



         330C.     Continuation of reviews of decisions
                   relating to supervisor certificates in
                   particular circumstances                     53
         331.      Evidentiary certificates                     54
         Division 6 -- Further transitional provisions --
                Education and Care Services National Law
                (WA) Amendment Act 2018
         332.      Definitions                                  54
         333.      Partial assessment and re-rating             55
         334.      Application for highest rating level made
                   before commencement day                      55
         335.      Highest rating level awarded before, or on
                   application made before, commencement
                   day                                          55
 90.     Various provisions amended                                    56
         Part 3 -- Spent Convictions Act 1988
              amended
 91.     Act amended                                                   58
 92.     Schedule 3 amended                                            58
         Part 4 -- Working with Children
              (Criminal Record Checking)
              Act 2004 amended
 93.     Act amended                                                   59
 94.     Section 38 amended                                            59




                                                                      page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY


    Education and Care Services National Law
           (WA) Amendment Bill 2018

                               A Bill for


An Act to amend the Education and Care Services National Law (WA)
Act 2012, and to make consequential amendments to the Spent
Convictions Act 1988 and the Working with Children (Criminal
Record Checking) Act 2004 and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                           page 1
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 1         Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Education and Care Services National Law (WA)
4             Amendment Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent (assent day);
9              (b) the rest of the Act --
10                      (i) if assent day is before 1 October 2018 --
11                          1 October 2018; or
12                     (ii) if assent day is on or after 1 October 2018 -- on
13                          a day fixed by proclamation.




     page 2
           Education and Care Services National Law (WA) Amendment Bill 2018
           Education and Care Services National Law (WA) Act 2012        Part 2
                                                            amended
              Local application provisions of the Education and Care Division 1
                     Services National Law (WA) Act 2012 amended
                                                                            s. 3

1         Part 2 -- Education and Care Services National Law
2                     (WA) Act 2012 amended
3    Division 1 -- Local application provisions of the Education and
4          Care Services National Law (WA) Act 2012 amended
5    3.         Provisions amended
6         (1)   In this section --
7               local application provisions means the provisions of the
8               Education and Care Services National Law (WA) Act 2012
9               other than the Education and Care Services National Law set
10              out in the Schedule to that Act.
11        (2)   This Division, other than section 7(2), amends the local
12              application provisions.

13   4.         Section 6 amended
14        (1)   In section 6 delete the definition of magistrate and insert:
15

16                    magistrate means --
17                     (a) a magistrate within the meaning of the
18                           Magistrates Court Act 2004; or
19                     (b) a justice of the peace;
20

21        (2)   In section 6 in the definition of registered teacher delete
22              "Western Australian College of Teaching Act 2004
23              section 3(1);" and insert:
24

25              Teacher Registration Act 2012 section 3;
26




                                                                               page 3
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 5


1    5.           Section 10 amended
2                 In section 10 delete "Western Australian College of Teaching
3                 Act 2004" and insert:
4

5                 Teacher Registration Act 2012
6


7    6.           Section 15 amended
8                 Delete section 15(3).

9    7.           Section 19 deleted; transitional regulations repealed
10         (1)    Delete section 19.
11         (2)    The Education and Care Services National Law (Transitional)
12                Regulations 2012 are repealed.

13   8.           Part 4 deleted
14                Delete Part 4.

15               Division 2 -- Education and Care Services National
16                                Law amended
17   9.           Provisions amended
18                This Division amends the Education and Care Services National
19                Law set out in the Schedule to the Education and Care Services
20                National Law (WA) Act 2012.

21   10.          Section 5 amended
22         (1)    In section 5(1) delete the definitions of:
23                approved family day care venue
24                certified supervisor
25                family day care service
26                Ministerial Council


     page 4
      Education and Care Services National Law (WA) Amendment Bill 2018
      Education and Care Services National Law (WA) Act 2012     Part 2
                                                   amended
          Education and Care Services National Law amended   Division 2
                                                                   s. 10


1          nominated supervisor
2          office
3          supervisor certificate
4    (2)   In section 5(1) insert in alphabetical order:
5

6                   approved family day care venue means a place (other than a
7                   residence) approved under section 50A or 54(8A) as a
8                   family day care venue for an approved family day care
9                   service;
10                  executor, in relation to an approved provider, includes a
11                  person --
12                     (a)    entitled to a grant of letters of administration in
13                            relation to the estate of the approved provider,
14                            including with the will annexed; or
15                    (b)     granted letters of administration in relation to the
16                            estate of the approved provider, including with the
17                            will annexed; or
18                     (c)    granted probate of the will of the approved
19                            provider; or
20                    (d)     named as executor in a valid will of the approved
21                            provider;
22                  Note: This definition is not included in section 5 of the national law
23                        as set out in the Schedule to the Education and Care
24                        Services National Law Act 2010 (Victoria).
25                  family day care educator assistant means a person engaged
26                  by or registered with a family day care service to assist
27                  family day care educators;
28                  family day care service means an education and care service
29                  that --
30                     (a)    is delivered through the use of 2 or more educators
31                            to provide education and care to children; and
32                    (b)     operates from 2 or more residences;
33                  Note: A family day care service that is an approved family day
34                        care service may provide education and care to children
35                        from a family day care residence or an approved family day
36                        care venue.


                                                                                     page 5
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 10


1                  Ministerial Council means the Ministerial Council
2                  which --
3                     (a)    is constituted from time to time by Ministers of the
4                            Crown of the Commonwealth, State and Territory
5                            Governments; and
6                    (b)     is responsible for early childhood education and
7                            care matters;
8                  nominated supervisor, in relation to an education and care
9                  service, means an individual who --
10                    (a)    is nominated by the approved provider of the
11                           service under Part 3 to be a nominated supervisor of
12                           that service; and
13                   (b)     unless the individual is the approved provider, has
14                           provided written consent to that nomination;
15                 Note: An individual may be both a nominated supervisor of a
16                       family day care service and a family day care co-ordinator
17                       for that service if the individual meets the criteria for each
18                       role.
19                 office, in relation to a family day care service, means --
20                    (a)    the principal office of the service; or
21                   (b)     the principal office of the approved provider of the
22                           service; or
23                    (c)    any other business office of the approved provider
24                           of the service; or
25                   (d)    any premises of the service from which the
26                          service's family day care educators are
27                          co-ordinated;
28                 person in day-to-day charge, in relation to an education and
29                 care service, means a person who is placed in day-to-day
30                 charge of the service in accordance with the national
31                 regulations;
32                 prohibition notice means a prohibition notice given under
33                 section 182(1) or 182(3);




     page 6
            Education and Care Services National Law (WA) Amendment Bill 2018
            Education and Care Services National Law (WA) Act 2012     Part 2
                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 11


1                       serious incident means an incident or class of incidents
2                       prescribed by the national regulations as a serious incident;
3

4          (3)   In section 5(1) in the definition of staff member delete "the
5                nominated supervisor" and insert:
6

7                a nominated supervisor
8


9    11.         Section 13 amended
10               In section 13(2):
11                 (a) in paragraph (b) delete "Law." and insert:
12

13                       Law; and
14

15                (b)    after paragraph (b) insert:
16

17                        (c)   whether the person has the management capability
18                              to operate an education and care service in
19                              accordance with this Law; and
20                        (d)   any of the following actions taken under the A New
21                              Tax System (Family Assistance) (Administration)
22                              Act 1999 of the Commonwealth in relation to a
23                              child care service approved under that Act, operated
24                              by the person or in relation to which the person was
25                              a person with management or control --
26                                 (i) any sanction imposed under section 200 of
27                                      that Act;
28                                (ii)   any suspension imposed under
29                                       section 201A of that Act;
30                               (iii)   any infringement notice given under
31                                       section 219TSI of that Act.
32




                                                                                  page 7
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 12


1    12.      Section 14 amended
2             In section 14(2) delete "request and" and insert:
3

4             request until
5


6    13.      Section 17 amended
7             In section 17 delete "until it is cancelled or surrendered under this
8             Law, or this Law as applying in a participating jurisdiction." and
9             insert:
10

11                  until --
12                     (a)    it is cancelled or surrendered under this Law, or this
13                            Law as applying in a participating jurisdiction; or
14                     (b)    if the provider approval is granted to an
15                            individual -- the individual dies.
16                  Note: This section differs from section 17 of the national law as set
17                        out in the Schedule to the Education and Care Services
18                        National Law Act 2010 (Victoria).
19


20   14.      Section 25 amended
21            In section 25(1)(g)(i) delete "section 188B; or" and insert:
22

23            section 188AB; or
24


25   15.      Section 27 amended
26            Delete section 27(a) and (b) and insert:
27

28                     (a)    if the suspension was proposed on a ground referred
29                            to in section 25(1)(a), accept an undertaking from
30                            the approved provider under section 179A; or



     page 8
            Education and Care Services National Law (WA) Amendment Bill 2018
            Education and Care Services National Law (WA) Act 2012     Part 2
                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 16


1                          (b)    in any case --
2                                    (i) suspend the provider approval for a period
3                                         not more than the prescribed period; or
4                                   (ii)    decide not to suspend the provider approval.
5                        Note: This section differs from section 27 of the national law as set
6                              out in the Schedule to the Education and Care Services
7                              National Law Act 2010 (Victoria).
8


9    16.         Section 39 amended
10         (1)   Delete section 39(2) and insert:
11

12               (2)     A nominated supervisor or a person in day-to-day charge of
13                       an education and care service of the approved provider must
14                       notify the Regulatory Authority of the approved provider's
15                       death within 7 days after that death.
16

17         (2)   In section 39(3) delete "the nominated supervisor or any certified
18               supervisor continues to manage the day to day" and insert:
19

20               that at least 1 nominated supervisor continues to manage the
21               day-to-day
22

23         (3)   In section 39(6)(b) delete "any prescribed" and insert:
24

25               the prescribed
26

27               Note:

28                       The note at the end of section 39 is to read:

29               Note: This section differs from section 39 of the national law as set out in
30                     the Schedule to the Education and Care Services National Law
31                     Act 2010 (Victoria), including that the term executor is defined in
32                     section 5 of this Law.




                                                                                         page 9
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 17


1    17.         Section 41 amended
2                Delete section 41(4)(b) and insert:
3

4                          (b)     may be extended or further extended for periods of
5                                  not more than 6 months,
6

7                Note:

8                        At the end of section 41 the following note is to be inserted:

 9                       Note: Executor is defined in section 5 of this Law but is not
10                             defined in section 5 of the national law as set out in the
11                             Schedule to the Education and Care Services National Law
12                             Act 2010 (Victoria).

13   18.         Section 43 amended
14               In section 43(2) delete "supervisor" and insert:
15

16               supervisors
17


18   19.         Section 44 amended
19         (1)   In section 44(1)(c) delete "any prescribed" and insert:
20

21               the prescribed
22

23         (2)   Delete section 44(1)(d) and insert:
24

25                         (d)     nominate one or more individuals to be nominated
26                                 supervisors of the service; and
27                        (da)     include from each nominated individual (other than
28                                 the approved provider) the written consent to the
29                                 nomination; and
30




     page 10
            Education and Care Services National Law (WA) Amendment Bill 2018
            Education and Care Services National Law (WA) Act 2012     Part 2
                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 20


1          (3)   Delete section 44(3) and insert:
2

3                (3)     An application for a service approval for a family day care
4                        service may include a request for approval of a place (other
5                        than a residence) as a family day care venue for that service.
6                Note:

7                        The note at the end of section 44 is to read:

8                   Notes:

 9                  1.       This approval is granted under section 50A only if exceptional
10                           circumstances exist.

11                  2.       This section differs from section 44 of the national law as set
12                           out in the Schedule to the Education and Care Services
13                           National Law Act 2010 (Victoria).
14


15   20.         Section 47 amended
16               Delete section 47(1)(e) and insert:
17

18                          (e)    except in the case of a nominated supervisor who is
19                                 the approved provider, whether each nominated
20                                 supervisor has consented in writing to the
21                                 nomination; and
22


23   21.         Section 50A inserted
24               After section 50 insert:
25


26           50A.        Approval of a place as a family day care venue
27                       The Regulatory Authority may, at the time of granting the
28                       service approval for a family day care service, approve a
29                       place (other than a residence) as a family day care venue for
30                       that service if the Regulatory Authority considers
31                       exceptional circumstances exist.
32



                                                                                         page 11
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 22


1    22.          Section 51 amended
2          (1)    Delete section 51(2) and insert:
3

4                 (2)   A service approval for a family day care service is granted
5                       subject to a condition that the approved provider must
6                       ensure that each family day care educator engaged by or
7                       registered with the service is adequately monitored and
8                       supported by a family day care co-ordinator.
9                (2A)   A service approval for a family day care service is granted
10                      subject to a condition that each family day care residence,
11                      and any approved family day care venue of the service, are
12                      to be located within this jurisdiction.
13

14         (2)    After section 51(4) insert:
15

16               (4A)   A service approval for an education and care service other
17                      than a family day care service is granted subject to a
18                      condition that the approved provider must ensure that the
19                      number of children educated and cared for by the service at
20                      any one time does not exceed the maximum number of
21                      children specified in the service approval.
22               (4B)   An approved provider is not required to comply with
23                      subsection (4A) if --
24                        (a) the maximum number of children is exceeded
25                              because a child is being educated and cared for by
26                              the education and care service in an emergency; and
27                        (b)    the approved provider is satisfied on reasonable
28                               grounds that this will not affect the health, safety
29                               and wellbeing of any other child who is attending
30                               the education and care service.
31                 Example: An emergency under this subsection would include
32                          circumstances where a child is in need of protection under a
33                          child protection order or where the parent of a child needs
34                          urgent health care that prevents that parent caring for the
35                          child.
36


     page 12
            Education and Care Services National Law (WA) Amendment Bill 2018
            Education and Care Services National Law (WA) Act 2012     Part 2
                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 23

1                 Note:

2                         At the end of section 51 the following note is to be inserted:

3                         Note: This section differs from section 51 of the national law as set
4                               out in the Schedule to the Education and Care Services
5                               National Law Act 2010 (Victoria).

6    23.          Section 52 amended
7                 In section 52(b) after "principal office" insert:
8

9                 of the service
10


11   24.          Section 54 amended
12         (1)    After section 54(1) insert:
13

14               (1A)     An application under subsection (1) may include a request
15                        for the approval of a place (other than a residence) as a
16                        family day care venue for a family day care service.
17

18         (2)    In section 54(2)(b) delete "any prescribed" and insert:
19

20                the prescribed
21

22         (3)    In section 54(4) delete "request and" and insert:
23

24                request until
25

26         (4)    Delete section 54(8) and insert:
27

28                (8)     Subject to subsection (8A), an amendment cannot change a
29                        location of an education and care service.



                                                                                           page 13
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 25


1              (8A)   The Regulatory Authority may approve a place (other than a
2                     residence) as a family day care venue for a family day care
3                     service if the Regulatory Authority considers exceptional
4                     circumstances exist.
5


6    25.        Section 55A inserted
7               After section 55 insert:
8


9          55A.       Condition relating to family day care co-ordinators
10              (1)   Without limiting section 55, an amendment under that
11                    section may impose a condition on the service approval for a
12                    family day care service requiring the approved provider to
13                    ensure that there is a minimum of 1 qualified person
14                    employed or engaged as a family day care co-ordinator for
15                    each 15 family day care educators engaged by or registered
16                    with that service.
17              (2)   A condition may only be imposed under subsection (1) if --
18                      (a) the family day care service has been operating for
19                            more than 12 months; and
20                      (b)   the Regulatory Authority --
21                               (i)   has taken into account the approved
22                                     provider's capability and compliance with
23                                     this Law in respect of the family day care
24                                     service; and
25                              (ii)   considers that family day care educators are
26                                     not adequately monitored and supported by
27                                     a family day care co-ordinator.
28              (3)   Section 163 does not apply if a condition is imposed under
29                    subsection (1) in respect of a family day care service.
30              (4)   A person is a qualified person under this section if the
31                    person has the qualifications prescribed by the national
32                    regulations.
33




     page 14
           Education and Care Services National Law (WA) Amendment Bill 2018
           Education and Care Services National Law (WA) Act 2012     Part 2
                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 26


1    26.          Section 56 replaced
2                 Delete section 56 and insert:
3


4           56.          Notice of change to nominated supervisor
5                 (1)    The approved provider of an education and care service
6                        must give written notice to the Regulatory Authority in
7                        accordance with this section if the approved provider wishes
8                        to add a new nominated supervisor of the education and care
9                        service.
10                (2)    The notice must --
11                         (a) nominate one or more individuals to be nominated
12                               supervisors of the service and, unless the individual
13                               nominated is the approved provider, include from
14                               each nominated individual the written consent to the
15                               nomination; and
16                         (b) include the prescribed information that is requested
17                               by the Regulatory Authority; and
18                         (c) be given --
19                                    (i)   at least 7 days before the individual is to
20                                          commence work as a nominated supervisor;
21                                          or
22                                   (ii)   if that period of notice is not possible in the
23                                          circumstances, as soon as practicable but
24                                          not more than 14 days after the individual
25                                          commences work as a nominated
26                                          supervisor.
27                  Notes:

28                  1.       Section 173(2)(b) requires an approved provider to notify the
29                           Regulatory Authority of the removal of a nominated supervisor

30                  2.       This section differs from section 56 of the national law as set
31                           out in the Schedule to the Education and Care Services
32                           National Law Act 2010 (Victoria).




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 27


1            56A.      Notice of change of a nominated supervisor's name or
2                      contact details
3                      The approved provider of an education and care service
4                      must give written notice to the Regulatory Authority of any
5                      change to the name or contact details of any nominated
6                      supervisor of the education and care service.
7


8    27.         Section 62 amended
9          (1)   In section 62(3) delete "The notice" and insert:
10

11               Subject to subsection (5), the notice
12

13         (2)   Delete section 62(4) and insert:
14

15               (4)   A notification under subsection (2) must be in writing.
16               (5)   The period within which notice must be given under
17                     subsection (3) does not apply where the Regulatory
18                     Authority has not been notified of the intended transfer of a
19                     service approval in accordance with section 59.
20


21   28.         Section 70 amended
22               In section 70(1)(i)(i) deleted "188B; or" and insert:
23

24               188AB; or
25


26   29.         Section 72 amended
27               Delete section 72(a) and (b) and insert:
28

29                        (a)   if the suspension was proposed on the ground
30                              referred to in section 70(1)(a), (c) or (d), accept an


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            Education and Care Services National Law (WA) Amendment Bill 2018
            Education and Care Services National Law (WA) Act 2012     Part 2
                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 30


1                                  undertaking from the approved provider under
2                                  section 179A; or
3                           (b)    in any case --
4                                     (i)   suspend the service approval for a period
5                                           not more than the prescribed period; or
6                                    (ii)   decide not to suspend the service approval.
7                         Note: This section differs from section 72 of the national law as set
8                               out in the Schedule to the Education and Care Services
9                               National Law Act 2010 (Victoria).
10


11   30.         Section 84 amended
12               In section 84(1) delete "or 81." and insert:
13

14               or 82.
15


16   31.         Section 89 amended
17         (1)   In section 89 delete "For" and insert:
18

19               (1)      For
20

21         (2)   At the end of section 89 insert:
22

23               (2)      If the Regulatory Authority asks the applicant for further
24                        information under this section, the period from the making
25                        of that request until the provision of further information is
26                        not included in the period referred to in section 91(2) for the
27                        Regulatory Authority to make a decision on the application.
28




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 32


1    32.         Section 91 amended
2                Delete section 91(4) and insert:
3

4                (4)   If a service waiver is granted, the Regulatory Authority may
5                      place any conditions on the service waiver, including any
6                      condition limiting the use of the service waiver.
7                (5)   The Regulatory Authority may, at any time remove, add to
8                      or vary any conditions placed on a service waiver under
9                      subsection (4).
10               (6)   If a service waiver is granted or its conditions are amended
11                     under subsection (5), the Regulatory Authority must issue or
12                     reissue the service approval specifying --
13                        (a) the element or elements of the National Quality
14                              Standard and the national regulations that have been
15                              waived; and
16                        (b) any conditions placed on the waiver.
17


18   33.         Section 96 amended
19         (1)   In section 96 delete "For" and insert:
20

21               (1)   For
22

23         (2)   At the end of section 96 insert:
24

25               (2)   If the Regulatory Authority asks the applicant for further
26                     information under this section, the period from the making
27                     of that request until the provision of further information is
28                     not included in the period referred to in section 98(1) for the
29                     Regulatory Authority to make a decision on the application.
30




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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 34


1    34.       Section 98 amended
2              Delete section 98(4) and insert:
3

4              (4)   An application under subsection (3) must include payment
5                    of the prescribed fee.
6              (5)   If a temporary waiver is granted, the Regulatory Authority
7                    may place any conditions on the temporary waiver,
8                    including any condition limiting the use of the temporary
9                    waiver.
10             (6)   The Regulatory Authority may, at any time remove, add to
11                   or vary any conditions placed on a temporary waiver under
12                   subsection (5).
13             (7)   If a temporary waiver is granted or its conditions are
14                   amended under subsection (6), the Regulatory Authority
15                   must issue or reissue the service approval specifying --
16                      (a) the element or elements of the National Quality
17                            Standard and the national regulations that have been
18                            temporarily waived; and
19                     (b)   the period of the waiver; and
20                     (c)   any conditions placed on the waiver.
21


22   35.       Section 103A inserted
23             After section 103 insert:
24


25          103A.    Offence relating to places where education and care is
26                   provided as part of a family day care service
27                   An approved provider of a family day care service must
28                   ensure that education and care is not provided to children, as
29                   part of the service, from a place that is not a family day care
30                   residence or an approved family day care venue unless
31                   otherwise permitted by this Law.




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 36


1                    Penalty: $20 000, in the case of an individual.
2                             $100 000, in any other case.
3


4    36.       Part 4 deleted
5              Delete Part 4.

6    37.       Section 142 amended
7              Delete section 142(4) and insert:
8

9              (4)   The Regulatory Authority may extend the 30 day review
10                   period under subsection (3) in one of the following
11                   circumstances --
12                     (a)   for an additional period of up to 30 days, if a
13                           request for further information is made under
14                           subsection (2);
15                     (b)   for an additional period of up to 30 days, by
16                           agreement between the approved provider and the
17                           Regulatory Authority;
18                     (c)   for an additional period of up to 60 days, where the
19                           Regulatory Authority considers there are special
20                           circumstances that warrant an extension of time to
21                           conduct the review.
22


23   38.       Section 152 amended
24             Delete section 152(5) and insert:
25

26             (5)   An application may be made for the highest rating level only
27                   if the approved education and care service holds the rating
28                   levels prescribed for the purposes of this section.
29




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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 39


1    39.       Section 158 amended
2              Delete section 158(b) and insert:
3

4                      (b)   the Regulatory Authority advises the Board that the
5                            service no longer meets the requirements for the
6                            rating levels prescribed for the purposes of
7                            section 152(5).
8


9    40.       Section 161 amended
10             In section 161 delete "a nominated supervisor" and insert:
11

12             at least 1 nominated supervisor
13


14   41.       Section 161A inserted
15             After section 161 insert:
16


17          161A.    Offence for nominated supervisor not to meet prescribed
18                   minimum requirements
19                   The approved provider of an education and care service
20                   must not nominate an individual to be a nominated
21                   supervisor of that service unless that individual meets the
22                   prescribed minimum requirements for nomination as a
23                   nominated supervisor.
24                   Penalty: $5 000, in the case of an individual.
25                            $25 000, in any other case.
26




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 42


1    42.       Section 162 amended
2              Delete section 162(1)(b) and (c) and insert:
3

4                      (b)   a nominated supervisor of the service;
5                      (c)   a person in day-to-day charge of the service.
6

7    43.       Section 162A inserted
8              After section 162 insert:
9


10         162A.     Persons in day-to-day charge and nominated supervisors
11                   to have child protection training
12                   The approved provider of an education and care service
13                   must ensure that each nominated supervisor and each person
14                   in day-to-day charge of the service has successfully
15                   completed the child protection training (if any) required by
16                   or under the law of this jurisdiction, a Government protocol
17                   applying to the approved provider in this jurisdiction or
18                   otherwise required by this jurisdiction.
19


20   44.       Section 163 amended
21             In section 163(1) delete "one or more" and insert:
22

23             the prescribed minimum number of
24


25   45.       Section 164 amended
26             Delete section 164(1)(b) and (c) and insert:
27

28                     (b)   a nominated supervisor of the service;
29                     (c)   a person in day-to-day charge of the service.
30




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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 46


1    46.       Section 164A inserted
2              After section 164 insert:
3


4           164A.    Offence relating to the education and care of children by
5                    family day care service
6              (1)   The approved provider of a family day care service must
7                    ensure that any child being educated and cared for as part of
8                    the service is not educated and cared for by a person other
9                    than a family day care educator, except in the circumstances
10                   prescribed by the national regulations.
11                   Penalty: $10 000, in the case of an individual.
12                            $50 000, in any other case.
13             (2)   A family day care educator must ensure that any child being
14                   educated and cared for by the educator as part of a family
15                   day care service is not educated or cared for by any other
16                   person at the family day care residence or approved family
17                   day care venue, except in the circumstances prescribed by
18                   the national regulations.
19                   Penalty: $2 000.
20


21   47.       Section 165 amended
22             In section 165(2) delete "The nominated" and insert:
23

24             A nominated
25


26   48.       Section 165A amended
27             In section 165A(2) delete "The nominated" and insert:
28

29             A nominated
30




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 49


1    49.         Section 166 amended
2                In section 166(2) delete "The nominated" and insert:
3

4                A nominated
5


6    50.         Section 170 amended
7          (1)   Delete section 170(2), (3) and (4) and insert:
8

9                (2)   The approved provider of the education and care service
10                     must ensure that a person does not remain at the education
11                     and care service premises while children are being educated
12                     and cared for at the premises, unless --
13                       (a) the person is an authorised person; or
14                       (b)   the person is under the direct supervision of an
15                             educator or other staff member of the service.
16                     Penalty: $1 000, in the case of an individual.
17                              $5 000, in any other case.
18               (3)   A nominated supervisor of the education and care service
19                     must ensure that a person does not remain at the education
20                     and care service premises while children are being educated
21                     and cared for at the premises, unless --
22                       (a) the person is an authorised person; or
23                       (b)   the person is under the direct supervision of an
24                             educator or other staff member of the service.
25                     Penalty: $1 000.
26               (4)   A family day care educator must ensure that a person does
27                     not remain at the family day care residence or approved
28                     family day care venue at which the educator is educating
29                     and caring for children, unless --
30                       (a) the person is an authorised person; or




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            Education and Care Services National Law (WA) Amendment Bill 2018
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                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 51


1                        (b)   the person is under the direct supervision of the
2                              educator.
3                      Penalty: $1 000.
4

5          (2)   In section 170(5) delete the definition of unauthorised person.
6          (3)   In section 170(5) insert in alphabetical order:
7

8                      authorised person means a person who is --
9                        (a)   a person who holds a current working with children
10                             check or working with children card; or
11                       (b)   a parent or family member of a child who is being
12                             educated and cared for by the education and care
13                             service or the family day care educator; or
14                       (c)   an authorised nominee of a parent or family
15                             member of a child who is being educated and cared
16                             for by the education and care service or the family
17                             day care educator; or
18                       (d)   in the case of an emergency, medical personnel or
19                             emergency service personnel; or
20                       (e)   a person who is permitted under the working with
21                             children law of this jurisdiction to remain at the
22                             education and care service premises without holding
23                             a working with children check or a working with
24                             children card.
25


26   51.         Section 172 amended
27               Delete section 172(c) and insert:
28

29                       (c)   each nominated supervisor of the service;
30




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 52


1    52.         Section 173 amended
2          (1)   In section 173(2):
3                  (a) in paragraph (a) delete "or certified supervisor";
4                  (b) delete paragraph (b) and insert:
5

6                          (b)   if a nominated supervisor of an approved education
7                                and care service --
8                                  (i)    ceases to be employed or engaged by the
9                                         service; or
10                                 (ii)   is removed from the role of nominated
11                                        supervisor; or
12                                (iii)   withdraws consent to the nomination;
13

14                 (c)    in paragraph (d) delete "ceasing" and insert:
15

16                        if the approved provider ceases
17

18         (2)   Delete section 173(3) and (4) and insert:
19

20               (3)     A notice under subsection (1) or (2) must --
21                         (a) be in writing; and
22                         (b)   include any prescribed information.
23               (4)     A notice under subsection (1) must be provided within the
24                       relevant prescribed time to the Regulatory Authority that
25                       granted the provider approval to which the notice relates.
26               (5)     A notice under subsection (2) must be provided within the
27                       relevant prescribed time to the Regulatory Authority that
28                       granted the service approval for the education and care
29                       service to which the notice relates.
30




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            Education and Care Services National Law (WA) Amendment Bill 2018
            Education and Care Services National Law (WA) Act 2012     Part 2
                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 53


1    53.         Section 174 amended
2          (1)   Delete section 174(2)(b) and insert:
3

4                        (b)   any complaints alleging --
5                                 (i) that a serious incident has occurred or is
6                                     occurring while a child was or is being
7                                     educated and cared for by the approved
8                                     education and care service; or
9                                (ii) that this Law has been contravened;
10

11         (2)   Delete section 174(5).

12   54.         Section 174A inserted
13               After section 174 insert:
14


15           174A.     Family day care educator to notify certain information
16                     to approved provider
17                     A family day care educator who educates and cares for
18                     children as part of a family day care service must notify the
19                     approved provider of the service of the following
20                     information --
21                       (a)   any serious incident that occurs while a child is
22                             being educated and cared for by the educator as part
23                             of the service;
24                       (b)   any complaints alleging --
25                                (i)   that a serious incident has occurred or is
26                                      occurring while a child was or is being
27                                      educated and cared for by the educator; or
28                               (ii)   that this Law has been contravened;
29                       (c)   information in respect of any other prescribed
30                             matters.
31                     Penalty: $2 000.
32




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 55


1    55.       Section 178 amended
2              In section 178(1)(a) delete "the nominated" and insert:
3

4              a nominated
5


6    56.       Part 7 Division 2 replaced
7              Delete Part 7 Division 2 and insert:
8


9                        Division 2 -- Enforceable undertakings

10         179A.     Enforceable undertakings
11             (1)   This section applies --
12                     (a)   if a person has, or believes the person may have,
13                           contravened, or if the Regulatory Authority alleges
14                           a person has contravened, a provision of this Law;
15                           or
16                     (b)   in the circumstances set out in section 27(a), 72(a)
17                           or 184(3).
18             (2)   If subsection (1)(a) applies, the Regulatory Authority may
19                   accept a written undertaking from the person, under which
20                   the person undertakes to take certain actions, or refrain from
21                   taking certain actions, to comply with this Law.
22             (3)   If subsection (1)(b) applies in relation to the approved
23                   provider of an education and care service, the Regulatory
24                   Authority may accept a written undertaking from the
25                   approved provider, under which the approved provider
26                   undertakes to take certain actions, or refrain from taking
27                   certain actions in relation to the education and care service.
28             (4)   If subsection (1)(b) applies in relation to a person other than
29                   the approved provider of an education and care service, the
30                   Regulatory Authority may accept a written undertaking
31                   from the person, under which the person undertakes to take



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     Education and Care Services National Law (WA) Amendment Bill 2018
     Education and Care Services National Law (WA) Act 2012     Part 2
                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 56


1              certain actions, or refrain from taking certain actions in
2              relation to an education and care service.
3        (5)   A person may, with the consent of the Regulatory Authority,
4              withdraw or amend an undertaking.
5        (6)   The Regulatory Authority may withdraw its acceptance of
6              the undertaking at any time and the undertaking ceases to be
7              in force on that withdrawal.
8        (7)   The Regulatory Authority may publish on the Regulatory
9              Authority's website an undertaking accepted under this
10             section.
11             Note: This section differs from section 179A of the national law as
12                   set out in the Schedule to the Education and Care Services
13                   National Law Act 2010 (Victoria).

14    179B.    Certain actions prohibited while undertaking is in force
15       (1)   While an undertaking is in force under section 179A(2),
16             proceedings may not be brought for any offence constituted
17             by the contravention or alleged contravention in respect of
18             which the undertaking is given.
19       (2)   While an undertaking is in force under section 179A(3), the
20             Regulatory Authority must not (as the case requires) --
21               (a) suspend the provider approval under section 27 in
22                    relation to a matter that is the subject of the
23                    undertaking; or
24              (b) suspend the service approval under section 72 in
25                    relation to a matter that is the subject of the
26                    undertaking; or
27               (c)    give a prohibition notice under section 182 in
28                      relation to a matter that is the subject of the
29                      undertaking.
30       (3)   While an undertaking is in force under section 179A(4), the
31             Regulatory Authority must not give a prohibition notice
32             under section 182 in relation to a matter that is the subject of
33             the undertaking.




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 56


1         180.       Certain actions prohibited if undertaking is complied
2                    with
3              (1)   If a person complies with the requirements of an
4                    undertaking under section 179A(2), no further proceedings
5                    may be brought for any offence constituted by the
6                    contravention or alleged contravention in respect of which
7                    the undertaking was given.
8              (2)   If an approved provider complies with the requirements of
9                    an undertaking under section 179A(3), the Regulatory
10                   Authority must not (as the case requires) --
11                     (a)   suspend the provider approval under section 27 in
12                           relation to a matter that is the subject of the
13                           undertaking; or
14                     (b)   suspend the service approval under section 72 in
15                           relation to a matter that is the subject of the
16                           undertaking; or
17                     (c)   give a prohibition notice under section 182 in
18                           relation to a matter that is the subject of the
19                           undertaking.
20             (3)   If a person complies with the requirements of an
21                   undertaking under section 179A(4), the Regulatory
22                   Authority must not give a prohibition notice under
23                   section 182 in relation to a matter that is the subject of the
24                   undertaking.

25        181.       Failure to comply with enforceable undertakings
26             (1)   If the Regulatory Authority considers that a person who
27                   gave an undertaking under section 179A has failed to
28                   comply with any of its terms, the Regulatory Authority may
29                   apply to the relevant tribunal or court for an order under
30                   subsection (2) to enforce the undertaking.




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     Education and Care Services National Law (WA) Amendment Bill 2018
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                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 56


1        (2)   If the relevant tribunal or court is satisfied that the person
2              has failed to comply with a term of the undertaking, the
3              relevant tribunal or court may make any of the following
4              orders --
5                (a)    an order directing the person to comply with the
6                       term of the undertaking;
7                (b)    an order that the person take any specified action
8                       for the purpose of complying with the undertaking;
9                (c)    any other order that the relevant tribunal or court
10                      considers appropriate in the circumstances.
11       (3)   If the relevant tribunal or court determines that the person
12             has failed to comply with a term of an undertaking under
13             section 179A(2), proceedings may be brought for any
14             offence constituted by the contravention or alleged
15             contravention in respect of which the undertaking was
16             given.
17       (4)   If the relevant tribunal or court determines that an approved
18             provider has failed to comply with a term of an undertaking
19             under section 179A(3), the Regulatory Authority may
20             without further notice --
21               (a)    if the undertaking was given in circumstances set
22                      out in section 27(a), suspend the provider approval
23                      under section 27; or
24               (b)    if the undertaking was given in circumstances set
25                      out in section 72(a), suspend the service approval
26                      under section 72; or
27               (c)    if the undertaking was given in circumstances set
28                      out in section 184(3), give a prohibition notice
29                      under section 182 in relation to a matter that is the
30                      subject of the undertaking.
31       (5)   If the relevant tribunal or court determines that a person has
32             failed to comply with a term of an undertaking under
33             section 179A(4), the Regulatory Authority may, without
34             further notice, give a prohibition notice under section 182 in
35             relation to a matter that is the subject of the undertaking.




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 57


1                (6)    Proceedings referred to in subsection (3) may be brought
2                       within 6 months of the determination or within 2 years of
3                       the date of the alleged offence, whichever occurs last.
4


5    57.         Section 182 amended
6          (1)   In section 182(2):
7                  (a) delete paragraph (b) and insert:
8

9                         (b)   a nominated supervisor;
10

11                (b)    delete paragraph (g) and insert:
12

13                        (g)   a volunteer;
14                        (h)   a person who was formerly a person referred to in
15                              paragraphs (a) to (g) in relation to the approved
16                              education and care service,
17

18         (2)   After section 182(2) insert:
19

20               (3)    The Regulatory Authority may give a prohibition notice to a
21                      person to --
22                        (a) prohibit the person from being nominated as a
23                              nominated supervisor if the Regulatory Authority
24                              considers the person is not a fit and proper person to
25                              be nominated as a nominated supervisor of a
26                              service; or
27                        (b)   impose one or more conditions on the nomination of
28                              the person as a nominated supervisor that the
29                              Regulatory Authority considers appropriate, if the
30                              Regulatory Authority considers the person is a fit
31                              and proper person to be nominated as a nominated
32                              supervisor of a service subject to those conditions.
33




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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 58

1              Note:

2                      The heading to amended section 182 is to read:
3                      Grounds for giving prohibition notice

4    58.       Section 184 amended
5              After section 184(2) insert:
6

7              (3)     The Regulatory Authority may accept an undertaking from a
8                      person under section 179A instead of giving a prohibition
9                      notice under this Division.
10

11             Note:

12                     The heading to amended section 184 is to read:
13                     Deciding whether to give prohibition notice

14   59.       Section 185 replaced
15             Delete section 185 and insert:
16


17          185.       Content of prohibition notice
18             (1)     A prohibition notice given to a person under section 182(1)
19                     must state that the person is prohibited from doing one or
20                     more of the following --
21                       (a)    providing education and care to children for an
22                              education and care service;
23                       (b)    being engaged as an educator, family day care
24                              educator, employee, contractor or staff member of,
25                              or being a volunteer at, an education and care
26                              service;
27                       (c)    carrying out any other activity relating to an
28                              education and care service.




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     Education and Care Services National Law (WA) Amendment Bill 2018
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                    amended
     Division 2     Education and Care Services National Law amended
     s. 60


1                 (2)   A prohibition notice given to a person under section 182(3)
2                       must state that either --
3                         (a)   the person is prohibited from being nominated as a
4                               nominated supervisor of an education and care
5                               service; or
6                         (b)   the person may only be nominated as a nominated
7                               supervisor of an education and care service on the
8                               condition or conditions specified by the Regulatory
9                               Authority in the notice.
10                (3)   A prohibition notice given to a person under section 182(1)
11                      or (3) must state --
12                        (a)   that the person may apply for cancellation of the
13                              notice; and
14                        (b)   how an application for cancellation must be made.
15


16   60.          Section 186 amended
17                After section 186(4) insert:
18

19               (4A)   The person may state in the application anything the person
20                      considers relevant to the Regulatory Authority's decision
21                      about whether the person is a fit and proper person to be
22                      nominated as a nominated supervisor with or without
23                      conditions.
24


25   61.          Section 187 amended
26         (1)    In section 187:
27                  (a) delete "While a prohibition notice" and insert:
28

29                (1)   While a prohibition notice under section 182(1)
30




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            Education and Care Services National Law (WA) Amendment Bill 2018
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                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 62


1                 (b)    in paragraph (b) delete "a supervisor, educator," and
2                        insert:
3

4                        an educator,
5

6          (2)   At the end of section 187 insert:
7

8                (2)    While a prohibition notice under section 182(3) is in force
9                       under this Law as applying in any participating jurisdiction
10                      for a person, the person must not --
11                        (a) in the case of a prohibition notice under
12                               section 182(3)(a), consent to a nomination of that
13                               person as a nominated supervisor of an education
14                               and care service; or
15                        (b) in the case of a prohibition notice under
16                               section 182(3)(b), consent to a nomination of that
17                               person as a nominated supervisor of an education
18                               and care service in contravention of a condition or
19                               conditions stated in the prohibition notice.
20                      Penalty: $20 000.
21


22   62.         Section 188 amended
23         (1)   In section 188 delete "An approved provider must not engage a
24               person as a supervisor, educator," and insert:
25

26               (1)    An approved provider must not engage a person as an
27                      educator,
28

29         (2)   At the end of section 188 insert:
30

31               (2)    An approved provider must not nominate a person as a
32                      nominated supervisor of an education and care service if the
33                      approved provider knows, or ought reasonably to know, that


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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 63


1                    a prohibition notice is in force under this Law as applying in
2                    any participating jurisdiction prohibiting the nomination of
3                    that person as a nominated supervisor of an education and
4                    care service.
5                    Penalty: $20 000, in the case of an individual.
6                             $100 000, in any other case.
7              (3)   An approved provider must not nominate a person as a
8                    nominated supervisor of an education and care service if the
9                    approved provider knows, or ought reasonably to know, that
10                   the nomination would place the person in contravention of a
11                   condition of a prohibition notice in force under this Law as
12                   applying in any participating jurisdiction.
13                   Penalty: $20 000, in the case of an individual.
14                            $100 000, in any other case.
15


16   63.       Section 188A inserted
17             At the end of Part 7 Division 3 insert:
18


19         188A.     False or misleading information about prohibition notice
20                   A person who is subject to a prohibition notice under this
21                   Law as applying in any participating jurisdiction must not
22                   give an approved provider any information about the content
23                   or existence of the prohibition notice that is false or
24                   misleading in any material particular.
25                   Penalty: $6 000.
26


27   64.       Section 188A amended
28             In Part 7 Division 3A section 188A in the definition of person
29             linked to a WA service delete paragraph (c).




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            Education and Care Services National Law (WA) Amendment Bill 2018
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                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 65


1    65.         Section 188B amended
2                In section 188B(3)(b) delete "section 188C," and insert:
3

4                section 188AC,
5


6    66.         Section 188C amended
7          (1)   In section 188C(1) delete "section 188B(3)(b)" and insert:
8

9                section 188AB(3)(b)
10

11         (2)   In section 188(2) delete "section 188B(3)(b)." and insert:
12

13               section 188AB(3)(b).
14


15   67.         Sections 188A, 188B and 188C renumbered
16               In Part 7 Division 3A renumber sections 188A, 188B and 188C
17               as sections 188AA, 188AB and 188AC.
18               Notes:

19               1.       The heading to amended section 188AC (as renumbered) is to read:
20                        Limitation on section 188AB(3)(b)

21               2.       The note at the end of section 188AA (as renumbered) is to be altered
22                        by deleting "Section 188A" and inserting:

23                        Section 188AA

24               3.       The note at the end of section 188AB (as renumbered) is to be altered
25                        by deleting "Section 188B" and inserting:

26                        Section 188AB

27               4.       The note at the end of section 188AC (as renumbered) is to be altered
28                        by deleting "Section 188C" and inserting:

29                        Section 188AC



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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 68


1    68.       Section 190 amended
2              In section 190:
3                (a) in paragraph (a) delete "approval, a service approval or a
4                      supervisor certificate; or" and insert:
5

6                      approval or a service approval; or
7

8                (b)   delete paragraph (d)(iii).

9    69.       Section 192 amended
10             Delete section 192(b)(v).

11   70.       Section 199 amended
12             Delete section 199(4)(a) and insert:
13

14                      (a)   the authorised officer reasonably believes that an
15                            approved education and care service is operating at
16                            the residence at the time of entry; or
17                     (ab)   the register of family day care educators records
18                            that the approved education and care service
19                            operates at the residence at the time of entry; or
20


21   71.       Section 200 amended
22             In section 200(1) delete "principal office or any other business
23             premises of an approved provider." and insert:
24

25             principal office of the approved provider of the service or any other
26             business office of the approved provider of the service.
27




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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 72


1    72.       Section 200A inserted
2              After section 200 insert:
3


4           200A.    Entry to premises without search warrant
5              (1)   An authorised officer may enter any premises (including
6                    residential or business premises) for the purpose of
7                    determining whether an education and care service is
8                    operating without a service approval at or from the
9                    premises, if --
10                     (a)   the authorised officer reasonably believes that a
11                           person is operating an education and care service in
12                           contravention of section 103 at the premises; and
13                     (b)   the occupier of the premises has consented in
14                           writing to the entry and inspection.
15             (2)   An authorised officer must not enter and search the premises
16                   under this section unless, before the occupier consents to the
17                   entry, the authorised officer has --
18                     (a) produced the authorised officer's identity card for
19                            inspection; and
20                     (b) informed the occupier --
21                              (i)   of the purpose of the search and the powers
22                                    that may be exercised; and
23                             (ii)   that the occupier may refuse to consent to
24                                    the entry and search or the taking of
25                                    anything found during the search; and
26                            (iii)   that the occupier may refuse to consent to
27                                    the taking of any copy or extract from a
28                                    document found on the premises during the
29                                    search.
30             (3)   An authorised officer who exercises a power of entry under
31                   this section may for the purposes of the investigation do any
32                   of the things referred to in clause 5(2)(a) to (e) of
33                   Schedule 2 as if a reference to that Schedule included a
34                   reference to this section.
35


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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 73


1    73.       Section 201 amended
2              In section 201(3) delete "principal office or any other business
3              premises of an approved provider" and insert:
4

5              principal office of the approved provider of the service or any other
6              business office of the approved provider of the service
7


8    74.       Section 202 amended
9              In section 202(1) and (3) delete "section 199 or 200" and insert:
10

11             section 199, 200 or 200A
12


13   75.       Section 206 amended
14             In section 206(4) in the definition of specified person
15             paragraph (a) delete "a certified supervisor" and insert:
16

17             a nominated supervisor
18


19   76.       Section 225 amended
20             In section 225(1):
21               (a) delete paragraph (g) and insert:
22

23                     (g)    to establish and maintain national registers of
24                            approved providers and approved education and
25                            care services and to publish those registers;
26

27               (b)   in paragraph (l)(i) delete "parents" and insert:
28

29                     parents, family members
30



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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 77


1                (c)     delete paragraph (o) and insert:
2

3                        (o)     to provide support and training for staff of
4                                Regulatory Authorities;
5

6              Note:

7                      At the end of section 225 the following note is to be inserted:

 8                     Note: This section differs from section 225 of the national law as
 9                           set out in the Schedule to the Education and Care Services
10                           National Law Act 2010 (Victoria).

11   77.       Section 249 amended
12             In section 249(1) delete "day to day" and insert:
13

14             day-to-day
15


16   78.       Section 261 amended
17             Delete section 261(2)(b) and (c) and insert:
18

19                       (b)     subject to the Privacy Act 1988 of the
20                               Commonwealth, to collect, hold and use
21                               information about providers of education and care
22                               services, family day care educators and nominated
23                               supervisors;
24                        (c)    to maintain and publish registers of approved
25                               providers and approved education and care services;
26


27   79.       Section 268 deleted
28             Delete section 268.




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     Education and Care Services National Law (WA) Amendment Bill 2018
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                    amended
     Division 2     Education and Care Services National Law amended
     s. 80


1    80.       Section 269 replaced
2              Delete section 269 and insert:
3


4          269.      Register of family day care educators, co-ordinators and
5                    assistants
6              (1)   The approved provider of a family day care service must
7                    keep a register at the principal office of the service that
8                    contains the prescribed information in respect of the
9                    following persons --
10                     (a)   each family day care educator engaged by or
11                           registered with the service;
12                     (b)   each family day care co-ordinator employed or
13                           engaged by the service;
14                     (c)   each family day care educator assistant engaged by
15                           or registered with the service.
16                   Penalty: $4 000, in the case of an individual.
17                            $20 000, in any other case.
18             (2)   The approved provider must take reasonable steps to ensure
19                   that the information contained in the register is accurate.
20                   Penalty: $2 000.
21             (3)   The approved provider must provide any information on the
22                   register and any changes to the information on the register to
23                   the Regulatory Authority on request within 24 hours of the
24                   Regulatory Authority's request.
25                   Penalty: $4 000, in the case of an individual.
26                            $20 000, in any other case.
27




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            Education and Care Services National Law (WA) Amendment Bill 2018
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                                                         amended
                Education and Care Services National Law amended   Division 2
                                                                         s. 81


1    81.         Section 270 amended
2          (1)   In section 270(1) delete "certified" and insert:
3

4                nominated
5

6          (2)   Delete section 270(2)(a) and insert:
7

8                        (a)      must publish on its website the register of approved
9                                 providers; and
10

11         (3)   In section 270(5)(a) delete "approvals or certificates; and" and
12               insert:
13

14               approvals; and
15

16         (4)   In section 270(6):
17                 (a) in paragraph (a) delete "certified" and insert:
18

19                       nominated
20

21                (b)    delete paragraph (c) and insert:
22

23                       (c)      if the Regulatory Authority is satisfied that it is in
24                                the public interest to do so, a person with
25                                management or control of an education and care
26                                service; or
27                       (d)      a person against whom disciplinary action has been
28                                taken.
29




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 82


1    82.       Sections 271 and 272 replaced
2              Delete sections 271 and 272 and insert:
3


4          271.      Disclosure of information to other authorities
5              (1)   The National Authority may disclose information in respect
6                    of an education and care service for a purpose listed in
7                    subsection (4), to --
8                      (a)   a relevant Commonwealth Government
9                            Department; or
10                     (b)   any State or Territory Government Department; or
11                     (c)   any Commonwealth, State or Territory public
12                           authority; or
13                     (d)   any State or Territory local authority; or
14                     (e)   a Regulatory Authority of a participating
15                           jurisdiction.
16             (2)   The Regulatory Authority may disclose information in
17                   respect of an education and care service for a purpose listed
18                   in subsection (4), to --
19                     (a)   a relevant Commonwealth Government
20                           Department; or
21                     (b)   any State or Territory Government Department; or
22                     (c)   any Commonwealth, State or Territory public
23                           authority; or
24                     (d)   any State or Territory local authority; or
25                     (e)   a Regulatory Authority of another participating
26                           jurisdiction.
27             (3)   The National Authority, the Regulatory Authority and any
28                   Government Department, public authority or local authority
29                   may disclose information to each other in respect of an
30                   education and care service for a purpose listed in
31                   subsection (4).




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Education and Care Services National Law (WA) Act 2012     Part 2
                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 82


1        (4)   The purposes for disclosure of information under this
2              section are --
3                (a)   the disclosure is reasonably necessary to promote
4                      the objectives of the national education and care
5                      services quality framework; or
6                (b)   the disclosure is for the purposes of enabling or
7                      assisting the other entity to perform or exercise any
8                      of its functions or powers under this Law; or
9                (c)   the disclosure is for the purposes of research or the
10                     development of National, State or Territory policy
11                     with respect to education and care services; or
12               (d)   the disclosure is for a purpose relating to the
13                     funding of education and care services; or
14               (e)   the disclosure is for a purpose relating to the
15                     payment of benefits or allowances to persons using
16                     education and care services, provided the disclosure
17                     of information is not otherwise prohibited by law.
18       (5)   The Regulatory Authority must disclose to the Regulatory
19             Authorities of other participating jurisdictions the
20             suspension or cancellation of a working with children check,
21             working with children card or teacher registration of a
22             nominated supervisor of which it is notified under this Law.
23       (6)   The Regulatory Authority may disclose to the head of the
24             government department responsible for the administration of
25             a working with children law, any prohibition notice given
26             under this Law as applying in any participating jurisdiction
27             in respect of the person.
28       (7)   A disclosure of information under this section is subject to
29             Division 1 and any protocol agreed for the purposes of this
30             section by --
31               (a)   the National Authority, all participating
32                     jurisdictions and the Commonwealth; and
33               (b)   subject to any protocol referred to in paragraph (a),
34                     the National Authority and the Regulatory
35                     Authority, or the National Authority, the Regulatory



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     Education and Care Services National Law (WA) Amendment Bill 2018
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                    amended
     Division 2     Education and Care Services National Law amended
     s. 82


1                            Authority and any Regulatory Authority of another
2                            participating jurisdiction.
3              (8)   Information disclosed under this section for the purpose of
4                    research or the development of National, State or Territory
5                    policy with respect to education and care services must not
6                    include information that could identify or lead to the
7                    identification of an individual other than --
8                      (a)   an approved provider or a nominated supervisor; or
9                      (b)   a family day care educator who has been suspended
10                           from providing education and care to children as
11                           part of a family day care service; or
12                     (c)   a person to whom a prohibition notice applies; or
13                     (d)   a person who is being prosecuted for an offence
14                           against this Law.

15        272.       Disclosure of information to education and care services
16             (1)   At the request of an approved provider, the National
17                   Authority or the Regulatory Authority may disclose the
18                   following information to the provider, if the National
19                   Authority or Regulatory Authority considers on reasonable
20                   grounds that the provider requires the information to comply
21                   with the provider's obligations under this Law --
22                     (a) whether a person named in the request is subject to
23                            a prohibition notice given under section 182;
24                     (b)   whether a family day care educator named in the
25                           request has been suspended from providing
26                           education and care to children as part of a family
27                           day care service under section 178.
28             (2)   A disclosure of information under this section is subject to
29                   Division 1 and any protocol agreed for the purposes of this
30                   section by --
31                     (a) the National Authority, all participating
32                            jurisdictions and the Commonwealth; and




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           Education and Care Services National Law (WA) Amendment Bill 2018
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                                                        amended
               Education and Care Services National Law amended   Division 2
                                                                        s. 83


1                      (b)   subject to any protocol referred to in paragraph (a),
2                            the National Authority and the Regulatory
3                            Authority, or the National Authority, the Regulatory
4                            Authority and any Regulatory Authority of another
5                            participating jurisdiction.
6


7    83.       Section 284 amended
8              In section 284 delete "Proceedings" and insert:
9

10             Subject to section 181(6), proceedings
11


12   84.       Section 291 amended
13             In section 291(1)(a) delete "173 or 176; or" and insert:
14

15             173, 176 or 269; or
16


17   85.       Section 292 amended
18             In section 292:
19               (a) delete paragraph (a)(iii);
20               (b) in paragraph (d) delete "provider or a certified supervisor;"
21                     and insert:
22

23                     provider;
24

25               (c)   in paragraph (g) delete "or supervisor certificate".

26   86.       Section 301 amended
27             In section 301(3)(a) delete "and certificates".




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 87


1    87.       Section 305 amended
2              In section 305 delete the definition of declared certified
3              supervisor.
4              Note:

5                      At the end of section 305 the following note is to be inserted:

6                      Note: This section differs from section 305 of the national law as
7                            set out in the Schedule to the Education and Care Services
8                            National Law Act 2010 (Victoria).

9    88.       Section 315 replaced
10             Delete section 315 and insert:
11


12         315.        Certified supervisors
13                     Note: Section 315 of the national law as set out in the Schedule to
14                           the Education and Care Services National Law Act 2010
15                           (Victoria) does not apply as a law of WA.
16


17   89.       Part 15 Divisions 5 and 6 inserted
18             At the end of Part 15 insert:
19


20             Division 5 -- Transitional provisions -- Education and Care
21                  Services National Law (WA) Amendment Act 2018

22         325.        Definitions
23                     In this Division --
24                     2018 Act means the Education and Care Services National
25                     Law (WA) Amendment Act 2018;
26                     commencement day means the day on which the Education
27                     and Care Services National Law (WA) Amendment Act 2018
28                     section 89 comes into operation;




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Education and Care Services National Law (WA) Act 2012     Part 2
                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 89


1              repealed, in relation to a section, means the section as in
2              force before the section was repealed by the 2018 Act.
3              Note: These definitions and the provisions of this Division that use
4                    the definitions differ from the definitions and provisions in
5                    this Division of the national law as set out in the Schedule to
6                    the Education and Care Services National Law Act 2010
7                    (Victoria).

8     326.     Approved family day care venues
9        (1)   In this section --
10             appointed day means the day that is 6 months after the
11             commencement day;
12             formerly approved family day care venue means a family
13             day care venue that, immediately before the commencement
14             day, was an approved family day care venue.
15       (2)   Subject to subsection (3), a formerly approved family day
16             care venue ceases to be an approved family day care venue
17             on the appointed day unless, before the appointed day the
18             Regulatory Authority, on application by the approved
19             provider under section 54 (as amended by the 2018 Act),
20             approves the venue as a family day care venue.
21       (3)   If, before the appointed day, the Regulatory Authority had
22             not determined an application by an approved provider
23             under section 54 (as amended by the 2018 Act) for approval
24             of the venue, the formerly approved family day care venue
25             continues to be an approved family day care venue until the
26             application is determined.
27       (4)   Despite section 54(5), the Regulatory Authority must make
28             a decision on an application made under section 54 for
29             approval of a formerly approved family day care venue
30             within 6 months of receiving the application.




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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 89


1         327.       Declared approved family day care venues continue to
2                    be approved
3                    Despite section 326, a declared approved family day care
4                    venue that was taken under section 308 to be an approved
5                    family day care venue continues, on and after the
6                    commencement day, to be an approved family day care
7                    venue for the purposes of this Law.

8         328.       Service approval condition requiring sufficient family
9                    day care co-ordinators
10             (1)   In this section --
11                   appointed day means the day that is 12 months after the
12                   commencement day.
13             (2)   This section applies to a family day care service if,
14                   immediately before the commencement day --
15                     (a)   the service was an approved family day care
16                           service; and
17                     (b)   the service approval included a condition referred to
18                           in section 51(2).
19             (3)   Despite the commencement of the 2018 Act, sections 51(2)
20                   and 163, as in force immediately before the commencement
21                   day, continue to apply to the approved family day care
22                   service until the appointed day, unless the Regulatory
23                   Authority earlier amends the service approval to impose a
24                   condition under section 55A.

25        329.       Service approval condition requiring minimum number
26                   of family day care co-ordinators
27             (1)   This section applies to a family day care service if,
28                   immediately before the commencement day --
29                     (a) the service was an approved family day care
30                           service; and
31                     (b)   the service approval included a condition requiring
32                           the service provide a specified minimum number of
33                           family day care co-ordinators.



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     Education and Care Services National Law (WA) Amendment Bill 2018
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                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 89


1        (2)   Despite the commencement of the 2018 Act, section 163, as
2              in force immediately before the commencement day, and the
3              condition requiring the service provide a specified minimum
4              number of family day care co-ordinators continue to apply
5              to the approved family day care service until the condition is
6              amended under section 54 or 55.

7     330.     Publication of information about certified supervisors
8        (1)   The National Authority may publish information about any
9              enforcement action taken under this Law before the
10             commencement day in relation to any person who was a
11             certified supervisor before that day, including --
12               (a)    the prosecution of any offence; and
13               (b)    the acceptance of an undertaking; and
14               (c)    the suspension or cancellation of a supervisor
15                      certificate.
16       (2)   This section expires on 31 December 2022.
17             Note: This section differs from section 330 of the national law as
18                   set out in the Schedule to the Education and Care Services
19                   National Law Act 2010 (Victoria).

20    330A.    Repeal of show cause notice if written notice not given
21             before commencement day
22       (1)   This section applies if --
23               (a)    the Regulatory Authority has given a show cause
24                      notice under repealed section 124 to a certified
25                      supervisor; but
26               (b)    the Regulatory Authority has not given the certified
27                      supervisor a written notice under repealed
28                      section 127 before the commencement day.
29       (2)   The show cause notice is taken to have been repealed by the
30             Regulatory Authority on the commencement day.
31             Note: Section 330A does not form part of the national law as set
32                   out in the Schedule to the Education and Care Services
33                   National Law Act 2010 (Victoria).




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     Education and Care Services National Law (WA) Amendment Bill 2018
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                    amended
     Division 2     Education and Care Services National Law amended
     s. 89


1         330B.      Effect of decisions made before commencement day
2                    under repealed section 125
3              (1)   If, before the commencement day, the Regulatory Authority
4                    gave a certified supervisor a written notice under repealed
5                    section 127 of a decision under repealed section 125 to
6                    cancel the supervisor certificate but, immediately before the
7                    commencement day, the decision had not taken effect,
8                    then --
9                       (a) the notice becomes, on the commencement day --
10                              (i)   if the certificate was cancelled on the
11                                    ground set out in repealed section 123(a) --
12                                    a prohibition notice under section 182(3)(a);
13                                    or
14                             (ii)   if the certificate was cancelled on the
15                                    ground set out in repealed section 123(b) or
16                                    (c) -- a prohibition notice under
17                                    section 182(1);
18                           and
19                     (b)   the prohibition notice commences to have effect on
20                           the commencement day.
21             (2)   Subsection (3) applies if, before the commencement day --
22                     (a) the Regulatory Authority decides to cancel a
23                           person's supervisor certificate under repealed
24                           section 125; and
25                     (b) the Regulatory Authority gave the person a written
26                           notice under repealed section 127 of the decision
27                           under repealed section 125 to cancel the supervisor
28                           certificate; and
29                     (c) the cancellation was in effect under repealed
30                           section 127 immediately before the commencement
31                           day.
32             (3)   The written notice becomes, on the commencement day --
33                     (a)   if the supervisor certificate was cancelled under
34                           repealed section 123(a) -- a prohibition notice
35                           under section 182(3)(a); or


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     Education and Care Services National Law (WA) Act 2012     Part 2
                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 89


1                (b)    if the supervisor certificate was cancelled under
2                       repealed section 123(b) or (c) -- a prohibition
3                       notice under section 182(1).
4        (4)   The Regulatory Authority must --
5                (a)    take reasonable steps to locate a person given a
6                       notice to which subsection (2)(a) or (b) applies; and
7                (b)    if the Regulatory Authority is able to locate the
8                       person -- give the person the information, in
9                       writing, that would be required to be given --
10                         (i)   if subsection (1)(a)(i) or (3)(a) applies --
11                               under section 185(2) and (3), if the notice
12                               were a prohibition notice given under
13                               section 182(3)(a); and
14                        (ii)   if subsection (1)(a)(ii) or (3)(b) applies --
15                               under section 185(1) and (3), if the notice
16                               were a prohibition notice given under
17                               section 182(1).
18             Note: Section 330B does not form part of the national law as set
19                   out in the Schedule to the Education and Care Services
20                   National Law Act 2010 (Victoria).

21    330C.    Continuation of reviews of decisions relating to
22             supervisor certificates in particular circumstances
23       (1)   In this section --
24             application period means the period within which an
25             application may be made under section 193(2).
26       (2)   If a relevant tribunal or court was hearing a review of a
27             decision to cancel a supervisor certificate under repealed
28             section 125 and the review had not been finally dealt with
29             before the commencement day, the tribunal or court may
30             continue to hear the review as if the review were a review of
31             a decision to give a prohibition notice.
32       (3)   Subsection (4) applies if --
33               (a)    the Regulatory Authority decided before the
34                      commencement day to cancel a person's supervisor
35                      certificate; and


                                                                           page 53
     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 89


1                       (b)    the person had not, before the commencement day,
2                              applied to the relevant tribunal or court for a review
3                              of the decision under section 193(1); and
4                        (c)   immediately before the commencement day the
5                              application period has not ended.
6               (4)   The person may, before the application period ends, apply
7                     for a review of the Regulatory Authority's decision as if the
8                     decision were a decision to give the person a prohibition
9                     notice.
10                    Note: Section 330C does not form part of the national law as set
11                          out in the Schedule to the Education and Care Services
12                          National Law Act 2010 (Victoria).

13        331.        Evidentiary certificates
14              (1)   Despite the amendment of section 292 by the 2018 Act, a
15                    Regulatory Authority or the National Authority may
16                    continue to certify matters relating to any person who was a
17                    certified supervisor before the commencement day as if that
18                    section had not been amended.
19              (2)   This section expires on 31 December 2022.
20                    Note: This section differs from section 331 of the national law as
21                          set out in the Schedule to the Education and Care Services
22                          National Law Act 2010 (Victoria).

23             Division 6 -- Further transitional provisions -- Education and
24                 Care Services National Law (WA) Amendment Act 2018

25        332.        Definitions
26                    In this Division --
27                    2018 Act means the Education and Care Services National
28                    Law (WA) Amendment Act 2018;
29                    commencement day means the day on which the Education
30                    and Care Services National Law (WA) Amendment Act 2018
31                    section 89 comes into operation.
32                    Note: These definitions and the provisions of this Division that use
33                          the definitions differ from the definitions and provisions in
34                          this Division of the national law as set out in the Schedule to


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     Education and Care Services National Law (WA) Amendment Bill 2018
     Education and Care Services National Law (WA) Act 2012     Part 2
                                                  amended
         Education and Care Services National Law amended   Division 2
                                                                  s. 89

1                      the Education and Care Services National Law Act 2010
2                      (Victoria).

3     333.     Partial assessment and re-rating
4              Note: Section 333 of the national law as set out in the Schedule to
5                    the Education and Care Services National Law Act 2010
6                    (Victoria) does not apply as a law of WA.

7     334.     Application for highest rating level made before
8              commencement day
9        (1)   This section applies if before the commencement day --
10               (a) an approved provider had applied for an education
11                     and care service to be assessed for the highest rating
12                     level under section 152; and
13               (b)     the application had not been determined.
14       (2)   Despite its substitution by the 2018 Act, section 152(5), as
15             in force immediately before the commencement day,
16             continues to apply in respect of the application.
17       (3)   Section 153(2) applies for the purposes of the assessment of
18             the approved education and care service, as if a reference --
19               (a) to the criteria published under subsection (1) were a
20                     reference to the criteria published under
21                     subsection (1) immediately before the
22                     commencement day; and
23               (b) to the National Quality Standard and the national
24                     regulations were a reference to the National Quality
25                     Standard and the national regulations as in force
26                     immediately before the commencement day.

27    335.     Highest rating level awarded before, or on application
28             made before, commencement day
29       (1)   This section applies in relation to an approved education and
30             care service that was awarded the highest rating level --
31               (a) before the commencement day; or
32               (b)     after the commencement day on an application
33                       referred to in section 334.


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     Education and Care Services National Law (WA) Amendment Bill 2018
     Part 2         Education and Care Services National Law (WA) Act 2012
                    amended
     Division 2     Education and Care Services National Law amended
     s. 90


1              (2)   Section 153(2) applies for the purposes of a reassessment
2                    under section 157 of the approved education and care
3                    service, as if a reference --
4                      (a) to the criteria published under subsection (1) were a
5                             reference to the criteria published under
6                             subsection (1) immediately before the
7                             commencement day; and
8                      (b) to the National Quality Standard and the
9                             requirements of the national regulations were a
10                            reference to the National Quality Standard and the
11                            national regulations as in force immediately before
12                            the commencement day.
13             (3)   Despite its amendment by the 2018 Act, section 158 as in
14                   force immediately before the commencement day continues
15                   to apply to the revocation of the highest rating level and for
16                   the purposes of that section --
17                      (a) the criteria to be met are the criteria published under
18                           section 153(1) immediately before the
19                           commencement day; and
20                     (b) the overall rating level is to be determined in
21                           accordance with the National Quality Standard as in
22                           force immediately before the commencement day.
23


24   90.       Various provisions amended
25             In the provisions listed in the Table delete "any prescribed" and
26             insert:
27

28             the prescribed
29

30                                            Table
                s. 11(c)                          s. 22(2)(b)

                s. 37(2)(b)                       s. 40(3)(b)



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    Education and Care Services National Law (WA) Amendment Bill 2018
    Education and Care Services National Law (WA) Act 2012     Part 2
                                                 amended
        Education and Care Services National Law amended   Division 2
                                                                 s. 90


         s. 59(2)(b)                   s. 85(2)(b)

         s. 88(b)                      s. 95(b)

         s. 139(2)(b)                  s. 141(4)(c)
1




                                                              page 57
    Education and Care Services National Law (WA) Amendment Bill 2018
    Part 3         Spent Convictions Act 1988 amended

    s. 91



1           Part 3 -- Spent Convictions Act 1988 amended
2   91.       Act amended
3             This Part amends the Spent Convictions Act 1988.

4   92.       Schedule 3 amended
5             In Schedule 3 clause 1(5) in the Table delete item 6A and insert:
6

              6A.   A person who --                                 Sections 18,
                                                                   20 and 22 and
                    (a)   holds, or is applying for, a provider
                                                                   Division 4
                          approval under the Education and
                          Care Services National Law (Western
                          Australia); or
                    (b)   has, or will have, management or
                          control of an education and care
                          service operated, or to be operated,
                          by a person that --
                                  (i) is not an individual; and
                                 (ii)   holds, or is applying
                                        for, a provider approval
                                        under the Education
                                        and Care Services
                                        National Law (Western
                                        Australia).
7




    page 58
        Education and Care Services National Law (WA) Amendment Bill 2018
       Working with Children (Criminal Record Checking) Act 2004   Part 4

                                                                       s. 93



1          Part 4 -- Working with Children (Criminal Record
2                   Checking) Act 2004 amended
3    93.      Act amended
4             This Part amends the Working with Children (Criminal Record
5             Checking) Act 2004.

6    94.      Section 38 amended
7             In section 38(3)(b)(ii) delete "a certified supervisor, a
8             nominated supervisor or a person with management or control,"
9             and insert:
10

11            a nominated supervisor or a person with management or control
12


13




                                                                    page 59

 


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